SHASHI @ SACHIN Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning the judgment dated 24.09.2016, whereby the Learned ASJ, Rohini Courts had convicted the appellant for offences under Sections 394/398/307 of the Indian Penal Code, 1860 (IPC) and Sections 25/ 27 of the Arms Act, 1959 (hereafter the 'Arms Act'). The appellant was charged with the offence of attempting to commit robbery with a deadly weapon and inflicting injuries on two persons (PW11 and PW15). The appellant also impugns the order on sentence dated 27.09.2016, whereby he was sentenced to,

(2.) The case of the prosecution is that on 08.12.2014, a reception party of the marriage of a person namely, Sudhanshu Bhasin, was being held at the Red Carpet Banquet Hall, NSA, Pitampura, Delhi. The said party was attended by two persons, namely Jayant Chatterjee (complainant) and Rajeev Bhasin. At about 11:45 pm, the complainant stepped outside for a smoke and was also accompanied by his brother- in-law, Sudhanshu Bhasin and his wife. The complainant was clicking pictures of them with his mobile phone, when the appellant came from behind and tried to snatch the complainant's phone. When the complainant started to protest, the appellant took out a big knife from his trousers and attacked the complainant. The complainant held the knife with his left hand and sustained an injury while doing so. He shouted for help and in response, the complainant's cousin brother-in- law (Rajeev Bhasin) rushed to help him and apprehend the accused. It is alleged that the accused shouted "if he would intervene, then he would kill him as his name was Shashi Badmash". Thereafter, he gave a knife blow on the left side of the chest of Rajeev Bhasin with the intention to kill him. By that time, many persons had gathered and they caught hold of the accused and beat him up. The complainant also recovered his mobile phone from the possession of the accused. On enquiry, the accused disclosed his identity. The complaint was made and a FIR was registered.

(3.) Charges were framed against the appellant under Section 307 of the IPC for attacking and injuring Rajeev Bhasin. Charges under Sections 394/397/411 of the IPC were framed against the appellant with reference to the acts committed against Jayant Chatterjee (complainant). Charges under Sections 25/27 of the Arms Act were also framed against the appellant. To prove its case, the prosecution examined sixteen witnesses. The appellant pleaded that he was innocent and was not present at the spot of the incident and had been wrongly implicated in the case.